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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a retired or former judge for |
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assignment in certain proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.055(c), Government Code, is amended |
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to read as follows: |
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(c) To be eligible to be named on the list, a retired or |
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former judge must: |
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(1) have served as an active judge for at least four |
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terms of office [96 months] in a district, statutory probate, |
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statutory county, or appellate court; |
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(2) have developed substantial experience in the |
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judge's area of specialty; |
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(3) not have been removed from office; |
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(4) certify under oath to the presiding judge, on a |
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form prescribed by the state board of regional judges, that the |
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judge has not: |
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(A) in the preceding 10 years [the judge has
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never] been publicly reprimanded or censured by the State |
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Commission on Judicial Conduct in relation to behavior on the bench |
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or judicial duties; [and] |
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(B) been convicted of a felony; and |
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(C) been charged with a crime alleging domestic |
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violence or involving moral turpitude [the judge:
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[(i)
did not resign or retire from office
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after the State Commission on Judicial Conduct notified the judge
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of the commencement of a full investigation into an allegation or
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appearance of misconduct or disability of the judge as provided in
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Section 33.022 and before the final disposition of that
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investigation; or
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[(ii)
if the judge did resign from office
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under circumstances described by Subparagraph (i), was not publicly
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reprimanded or censured as a result of the investigation]; |
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(5) annually demonstrate that the judge has completed |
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in the past state fiscal year the educational requirements for |
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active district, statutory probate, and statutory county court |
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judges; and |
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(6) certify to the presiding judge a willingness not |
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to appear and plead as an attorney in any court in this state for a |
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period of two years. |
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SECTION 2. Section 74.055(f), Government Code, is repealed. |
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SECTION 3. Section 74.055(c), Government Code, as amended |
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by this Act, applies only to the appointment of a retired or former |
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judge that occurs on or after the effective date of this Act. The |
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appointment of a retired or former judge before the effective date |
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of this Act is governed by the law in effect when the judge was |
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appointed, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |